TELEGRAPH ROAD COMPLETE STREET STUDY
IMPLEMENTATION AGREEMENT
BY AND BETWEEN
GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF ________________
THIS TELEGRAPH ROAD COMPLETE STREET STUDY IMPLEMENTATION AGREEMENT (“Agreement”) is made and entered as of the ____ day of ___________, 2022, by and between the Gateway Cities Council of Governments (“Gateway”) and the City of __________________________, a municipal corporation (“City”), individually a “party” and collectively, the “parties”.
W I T N E S S E T H:
In consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the following facts:
Telegraph Road is a major east/west arterial corridor through the Gateway Cities from La Mirada (at Imperial Highway West) to S. Marianna Avenue in the city of Commerce and Unincorporated Los Angeles; and Telegraph Road carries a significant amount of traffic, particularly in relieving heavy traffic volumes along the I-710, I-605, and I-5 freeways, which it crosses at varying points; and The cities along the Telegraph Road Corridor (“Corridor”) are desirous of establishing a “Complete Streets” model on this major east/west arterial corridor; to relieve traffic congestion and to enhance active transportation opportunities in the neighboring communities (“Telegraph Road Complete Street Study” or the “Study”); and The development of a subregional arterial corridor plan would position the participating agencies to apply for, and receive, federal, state, and regional funding for improvement of the Corridor; and The parties hereto are each a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields; and Section 21 of that certain Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments (the “JPA”), to which the City is a signatory, provides that when authorized by the Board of Directors, affected Members may execute an Implementation Agreement for the purpose of authorizing Gateway to implement, manage and administer area-wide and regional programs in the interest of the local public welfare; and The costs incurred by Gateway for the Study, including indirect costs, shall be assessed only to those Members who are parties to an Implementation Agreement; and City, by and through its legislative body, has determined that this Agreement is desired to authorize Gateway Cities Council of Governments to implement and initiate the Telegraph Road Complete Street Study and is in furtherance of the public interest, necessity and conveyance.
Section 2. Committees.
(a) Telegraph Road Complete Street Study Committee. There is hereby established a committee to be known as the Telegraph Road Complete Street Study Committee. The Telegraph Road Complete Street Study Committee shall consist of an elected member of the legislative body of each agency that has entered into an Telegraph Road Complete Street Study Implementation Agreement with Gateway, designated by the respective legislative bodies. The Telegraph Road Complete Street Study Committee will work in coordination with the Telegraph Road Complete Street Study Technical Advisory Committee to provide policy assistance, guidance and direction to Gateway as administrator of this Agreement. (b) Telegraph Road Complete Street Study Technical Advisory Committee. There is hereby established a committee to be known as the Telegraph Road Complete Street Study Technical Advisory Committee. The Telegraph Road Complete Street Study Technical Advisory Committee shall consist of a staff representative of each agency that has entered into an Telegraph Road Complete Street Study Implementation Agreement with Gateway, designated by the City Manager or, for the County of Los Angeles, the appropriate designating authority. Such designated representative shall be the Public Works Director or the equivalent for each agency. The Telegraph Road Complete Street Study Technical Advisory Committee shall report to and receive direction from the Telegraph Road Complete Street Study Committee.
Section 3. Implementation of Telegraph Road Complete Street Study. To the fullest extent of its authority, the City authorizes Gateway to implement and initiate a Corridor Study for the length of Telegraph Road Complete Street Study through the Gateway Cities subregion, including initial feasibility studies (as approved by the Telegraph Road Complete Street Study Committee and Technical Advisory Committee) required to coordinate with other regional transportation studies. Further, the City authorizes Gateway to request funding and partnering with other public transportation agencies for the Telegraph Road Complete Street Study (Caltrans, SCAG and Metro).
Section 5. Scope of Work. The Scope of Work to be performed under this Agreement is described in Attachment A, attached hereto and incorporated by this reference.
Section 4. Assessment for Proportional Costs of Study. The City agrees to pay to Gateway upon execution of this Agreement an assessment as described in Attachment A, attached hereto and incorporated herein by this reference, for City’s proportional share of the projected costs of the Study.
Section 5. Termination of Agreement. Either party may terminate this Agreement for any reason, in whole or in part, by giving the other party thirty (30) days written notice thereof.
Section 6. Meetings. All regular, adjourned and special meetings of the committees established by this Agreement shall be called and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended from time to time.
Section 7. Miscellaneous.
(a) Compensation and Expense Reimbursement. All members of the Telegraph Road Complete Street Study Committee shall receive a stipend of one hundred dollars ($100) for attendance at each meeting. Each member shall be reimbursed for reasonable and necessary expenses actually incurred by such member in the conduct of business related to the purposes of this Agreement, pursuant to an expense reimbursement policy established by the Gateway Cities COG prior to such expenses being incurred. (b) Amendments. This Agreement may be amended by written agreement of the parties hereto. (c) Hold Harmless and Indemnification. To the fullest extent permitted by law, City and Gateway agree to save, indemnify, defend and hold harmless each other from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, actual attorney fees, court costs, interest, defense costs and expenses associated therewith including the use of experts, and any other costs of any nature without restriction incurred in relation to, as a consequence of, or arising out of, the performance of this Agreement, and attributable to the fault of the indemnifying party. Following a determination of the percentage of fault and or liability by agreement between the parties or a court of competent jurisdiction, the party responsible for liability to the other will indemnify the other party to this Agreement for the percentage of liability determined as set forth in this section. (d) Party Action. Unless otherwise provided in this Agreement, any action of a party required or authorized in this Agreement shall be by appropriate legislative action of the governing body of such party. (e) Notice. Any notice required to be given or delivered by any provision of this Agreement shall be deposited in any United States Post Office, registered or certified, postage prepaid, addressed as set forth below, and shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours thereafter. Written notice shall be sent in the aforesaid manner:
To Gateway: Gateway Cities Council of Governments
16401 Paramount Boulevard
Paramount, CA 90723
Attention: Nancy Pfeffer, Executive Director
To City: __________________
__________________
__________________
__________________
(f) Waiver. Waiver by a party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. (g) Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. (h) No Presumption in Drafting. The parties to this Agreement agree that the general rule that an Agreement is to be interpreted against the party drafting it or causing it to be prepared shall not apply. (i) Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. (j) Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). (k) Litigation/Proceeding Fees. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable fees, costs and expenses, in addition to any other relief to which it may be entitled. (l) Successors. This Agreement shall be binding upon and injure to the benefit of any successor of a party. (m) Assignment and Delegation. Neither party shall assign any rights nor delegate any duties under this Agreement without the written consent of the other party. (n) Counterparts. This Agreement may be executed in one (1) or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes. (o) Execution. The legislative bodies of the parties hereto each have authorized execution of this Agreement, as evidenced by the respective signatures attested below.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed the day and year first written above.
CITY OF ______________
By:
Mayor
ATTEST:
City Clerk
By:
APPROVED AS TO FORM:
_____________________________
City Attorney
GATEWAY CITIES COUNCIL OF GOVERNMENTS
________________________________
Cinde MacGugan-Cassidy, President
ATTEST:
_________________________________
Nancy Pfeffer, Secretary
APPROVED AS TO FORM
_________________________________
Ivy M. Tsai, General Counsel
Attachment A
Telegraph Road Complete Street Study
Scope of Work and Budget
Attachment A
Gateway Cities Council of Governments
SCOPE OF WORK
Project ID: LA0G1716
Project Title: Telegraph Road Complete Street Study
Project Limits: The project is located at Imperial Highway in La Mirada west to S. Marianna Avenue in the City of Commerce and Unincorporated Los Angeles, for a total of 12.01 miles.
Which traverses through the jurisdictions of La Mirada, Unincorporated LA County, Santa Fe Springs, Downey, Pico Rivera, Commerce and Montebello, in the Gateway Cities Council of Governments area.
Project Description:
Develop a subregional Complete Street master plan for Telegraph Road, which is a high priority high quality transit arterial within the Gateway Cities. This high priority corridor is based on the Gateway Cities COG Board approved prioritization process. The limits extend from COG boundary to COG boundary for a total of approximately 12.01 miles (total). This masterplan will maximize multimodal opportunities on this E/W arterial corridor within the Gateway Cities, as well as maximize our ability to obtain grants for design and construction.
Project Funding:
PROJECT ITEM
Grant funds (LACMTA)
LOCAL AGENCY
TOTAL
Planning, Design, Engineering
$135,000
$000,000
$135,000
TOTAL BUDGET COST
$135,000
$000,000
$135,000
SCOPE:
Task 1: Project Management and Administration
Project Initiation
The GCCOG will hold a kick-off meeting with the Cities and Metro to discuss the project scope of work, goals and objectives. A meeting agenda, minutes and action items listing will be produced.
Project Administration
The GCCOG will submit complete invoice packages to Metro based on existing/status quo protocol. The progress report will contain the following components:
1. Executive summary
2. Description of the tasks or deliverables completed
3. Management issues, including status, resolution and action items
4. Project task schedule describing percentages of completeness of each task
5. Schedule and schedule tracking narrative
6. List of deliverable items
7. Dollar amount for which payment is requested.
Project Management
The GCCOG will complete the project including the technical tasks included in this scope as well as the Project Management of the overall project.
Task 2: Review Existing Documentations
The GCCOG will gather all relevant document and literature for review and summarize useful information and findings relating to the Corridor, including the STP, relevant transit plans, relevant agency land use plans, and relevant as-builts.
Deliverable: Technical memo/ summary report listing documents reviewed.
Task 3: Corridor Evaluation Documentations
Existing Conditions Corridor Evaluation and Analysis
The GCCOG will conduct thorough existing conditions analysis by identifying opportunities and constraints for the multimodal Corridor. This is partially obtained via a 1-on-1 meeting with each agency, which will be documented in the report. Evaluation analysis could include the current traffic conditions and Levels of Service, truck volumes/impacts, pavement needs, pedestrian and bicycle traffic, transit connections, parking and other commercial and residential linkages, and City entryways, or gateways, and potential safe routes to school options.
Future Conditions Corridor Evaluation and Analysis
The GCCOG will use data and information from recent studies on future conditions along the project Corridor and conduct thorough future conditions analysis for the multimodal Corridor. Evaluation analysis would include the 2035 traffic conditions and Levels of Service, truck volumes/impacts, pavement needs, pedestrian and bicycle traffic, transit connections, parking and other commercial and residential linkages, and City entryways, or gateways, and potential safe routes to school options.
Deliverable: Technical memo/ summary report regarding the existing conditions, constraints, opportunities.
Task 4: Conduct Complete Streets Needs Analysis
The GCCOG will conduct a detailed needs analysis for complete streets and multimodal Corridor development, along with identifying constraints/opportunities.
Deliverable: Technical memo/ summary report regarding the needs and along with providing recommendations for consideration based on the constraints and opportunities.
Task 5: Community and Stakeholder Outreach
Stakeholder and Community Outreach
The GCCOG will coordinate meetings to discuss project with various stakeholder agencies. The GCCOG will also conduct stakeholder outreach after developing the concept alternatives and after the development of the draft Master Plan.
The GCCOG will develop a workshop to introduce the project to the public, define project parameters, inform community of project opportunities and constraints, and solicit opinions from the community. The GCCOG will also conduct community outreach after developing the concept alternatives and after the development of the draft Master Plan.
Deliverable: Coordinate and attend Meetings and a coordinate and conduct a Workshop.
Task 6: Complete Streets Implementation Alternatives
Develop Alternatives
Based on the existing and future conditions evaluation and the stakeholder/community input, the GCCOG will develop alternative concepts for complete street implementation, and will include plans, sketches, and photos.
Two primary alternatives considered include 1) the Florence Avenue Corridor as a “Complete Street” in an “unconstrained” condition to quantify the high level engineering and feasibility, and 2) as a multi-modal Corridor evaluated for consistency across the sub-region, including a potentially phased approach to a Complete Street, along with any major challenges as well as project benefits so that potential funding partners could understand the holistic context of the improvements.
Deliverable: Develop concepts and exhibits, via alternatives, to support the needs identified.
Task 7: Prepare Conceptual Complete Streets Plan
Based on the preferred design alternative chosen in the stakeholder and community outreach efforts and discussions with the Cities, the GCCOG will develop a draft Concept Master Plan.
Deliverable: Develop concept plan to incorporate into the Draft Report. This is the first step in creating the Draft Report.
Task 8: Develop Conceptual Design Alternatives for Complete Streets Plan with Cost Estimates The GCCOG will develop conceptual design alternatives with cost estimates. Illustrations will be made in plan view, as street cross sections, and as sketches.
Deliverable: Develop cost estimates to accompany the concept alterative preferred, to incorporate into the draft Report.
Task 9: Presentation to Committees and City Councils, Describing Quantified and Other Benefits The GCCOG will prepare and present PowerPoint presentations to Committees and City Councils, describing quantified and other benefits.
Deliverable: Develop presentations and present at needed.
Task 10: Finalize Conceptual Design of Complete Streets Master Plan with Needed Delivery Schedule for Preliminary Engineering, Design, and Construction The GCCOG will finalize the Master Plan, with proposed implementation schedule concepts indicating funding opportunities to leverage.
Deliverable: Prepare final report for approval by the Corridor Committee.
Project Cost, including Overall Funding, by Jurisdiction:
The following tables includes the linear distance of the Corridor by jurisdiction, and a funding cost summary. Based on past Complete Streets efforts, and overall cost was developed for the project. The GCCOG coordinated with Metro to provide a grant in the total amount of $135,600 for the Telegraph Road Corridor. To fully fund the project, this Implementation Agreement includes a 25% match, which is defined in the table below under the “Portion Paid by City” column, to fully fund the overall project scope of work totaling $180,150.
INCLUDEPICTURE "cid:[email protected]" \* MERGEFORMATINET INCLUDEPICTURE "cid:[email protected]" \* MERGEFORMATINET Schedule:
The Gateway Cities Council of Governments (GCCOG) proposes to complete the Telegraph Road Corridor Complete Street Evaluation and Master Plan over the period of approximately 1 year, with an anticipated kick off on May 1, 2022.
Project Map:
Rev: 08.22.18 PAGE 1
FEMX-ATTACHMENT E
PAGE
PAGE 2